My husband filed for social security in 2014 when he turned 62. He was sentenced to state prison in may 2015. Social security stopped his monthly checks. He should get out in February 2019. I currently work full time. I turn 66 this July. Should I file for spousal benefits? Can I? Will my benefits continue to grow if I wait to collect when I'm 70? Does my husband have any options to maximize his benefits when he gets out of prison. Thanks for your help!

Hi,

Yes, since you were born prior to January 2 1954 you could file just for spousal benefits only effective with the month you reach your full retirement age of 66 and allow your own retirement benefit rate to grow until age 70. You could potentially be paid spousal benefits on your husband's record even while his benefits are suspended due to incarceration. It sounds like that's likely your best filing strategy, but you may want to use our maximization software to be sure.

Since your husband has already filed for reduced benefits on his own record his options are limited. He couldn't qualify for spousal benefits on your record at least until you file for your retirement benefits, and he would only be eligible even then if 50% of your full retirement age rate (PIA) is higher than his own PIA. Another possible option would be for him to voluntarily suspend his benefits until he reaches age 70, but he could not earn delayed retirement credits (https://www.ssa.gov/planners/retire/delayret.html) while he's incarcerated.

Best, Jerry